Legal Opinion
Sharon K. Pham v. American Federation of Government Employees, Local 916, Afl-Cio, Defendant
Court of Appeals for the Tenth Circuit
Decided August 26, 1986No. 85-1263PublishedCited by 4 opinions
1Opinion of the Court
JOHN P. MOORE, Circuit Judge.
This is an appeal from the granting of a motion to dismiss in an action for breach of the duty of fair representation instituted by a former federal employee against her union. The trial court held it had no subject matter jurisdiction over the action because in the adoption of the Civil Service Reform Act of 1978, Congress had restricted to the Federal Labor Relations Authority exclusive jurisdiction over disputes between federal employees and their unions. We conclude such was not the intent of Congress and reverse.
I
After seven years of employment by the United…
2Cases cited10 opinions
- Vaca v. SipesSupreme Court of the United States · 1967
- DelCostello v. International Brotherhood of TeamstersSupreme Court of the United States · 1983
- San Diego Building Trades Council v. GarmonSupreme Court of the United States · 1959
- Steele v. Louisville & Nashville RailroadSupreme Court of the United States · 1944
- Ford Motor Co. v. HuffmanSupreme Court of the United States · 1953
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3Cited by4 opinions
- American Federation of Government Employees, Afl-Cio, Local 916 v. Federal Labor Relations AuthorityCourt of Appeals for the Tenth Circuit · 1987
- Efthimios A. Karahalios v. Defense Language InstituteCourt of Appeals for the Ninth Circuit · 1987
- Karahalios v. Defense Language Institute/Foreign Language Center PresidioCourt of Appeals for the Ninth Circuit · 1987
- Mims v. American Federation of Government EmployeesSupreme Court of Alabama · 1988